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Full-Text Articles in Law

The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman Nov 1986

The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman

Michigan Law Review

This Note examines these three possible interpretations of which job characteristics a court must examine when determining the validity of a BFOQ defense to an ADEA suit and concludes that the Eighth Circuit's standard is correct. Because disputes over which interpretation is proper arise almost exclusively in cases involving public safety occupations, this Note discusses the standards for measuring that scope within the framework of the policy considerations associated with public safety. Part I of this Note discusses the three current standards used to determine the scope of the BFOQ defense. Part II illuminates the problems inherent in having three …


History Against Free Speech: The New German Law Against The "Auschwitz" -- And Other -- "Lies", Eric Stein Nov 1986

History Against Free Speech: The New German Law Against The "Auschwitz" -- And Other -- "Lies", Eric Stein

Michigan Law Review

An American observer would expect the central issue in the public debate to be the conflict between the constitutionally protected values of individual freedom of expression on the one hand and public security and personal honor on the other. This, however, has not been the case. To the contrary, the constitutional issue has played a marginal role in the legislative process, and it has been resolved by the courts with obvious ease in favor of the constitutionality of the previous legislation on the same general subject. There is every reason to believe that the new law will also be upheld, …


From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen Jun 1986

From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen

Michigan Law Review

This essay will examine the "equal treatment" versus "special treatment" for women issue as it arose in Illinois in the late nineteenth century. In 1869 the Illinois Supreme Court barred Myra Bradwell from the practice of law on the basis that she was a married woman, and in 1870 it reaffirmed its exclusion of women in In re Bradwell, the state decision the United States Supreme Court upheld in Bradwell v. Illinois. This denial of equal treatment to women, especially the concurring opinion by United States Supreme Court Justice Bradley, appears to many to represent paternalism at its …


Beyond Busing: Inside The Challenge To Urban Segregation, Lawrence T. Gresser Apr 1986

Beyond Busing: Inside The Challenge To Urban Segregation, Lawrence T. Gresser

Michigan Law Review

A Review of Beyond Busing: Inside the Challenge to Urban Segregation by Paul R. Dimond


Attacking The Judicial Protection Of Minority Rights: The History Ploy, John E. Nowak Apr 1986

Attacking The Judicial Protection Of Minority Rights: The History Ploy, John E. Nowak

Michigan Law Review

A Review of Disabling America: The "Rights Industry" in Our Time by Richard E. Morgan


The New American Dilemma: Liberal Democracy And School Desegregation, Mary Jo Newborn Apr 1986

The New American Dilemma: Liberal Democracy And School Desegregation, Mary Jo Newborn

Michigan Law Review

A Review of The New American Dilemma: Liberal Democracy and School Desegregation by Jennifer L. Hochschild